INFORMATIONAL

TO:

Division Superintendents

FROM:

Richard T. La Pointe
Superintendent of Public Instruction

SUBJECT:

Monitoring Facility Compliance with Respect to
the Americans with Disabilities Act (ADA)

Five years have passed since the Americans with
Disabilities Act became a matter of civil rights for a large
segment of our nation's population. While the Title II
section of the Act which covers public schools remains
unchanged, I wanted to remind you of your continued
obligations under this law.
Broadly stated, the ADA requires that public school
entities may not deny the benefits of its programs,
activities, and services to individuals with disabilities
because its facilities are inaccessible. A public entity's
services, programs, or activities, when viewed in their
entirety, must be readily accessible to and usable by
individuals with disabilities. This standard, known as
"program accessibility," applies to all existing facilities
of a public entity. Public entities, however, are not
necessarily required to make each of their existing
facilities accessible, if programs and activities are deemed
accessible.
It is advisable, therefore, to conduct periodic reviews
of all programs, activities, and services offered by your
division, in order to verify accessibility to persons with
disabilities. Such a self-evaluation plan was part of the
original requirements under Title II. A previous
Superintendent's Memorandum discussed how to develop such
plans. The deadlines for the self evaluation plan,
transition plan, and required structural changes to achieve
program accessibility have all passed. You are urged by our
Department and the U.S. Department of Justice to complete
these plans if you have not already done so.
Facilities Services is continuing to monitor proposed
changes to the ADA Accessibility Guidelines expected to be
adopted some time next year. We will advise you of any
changes once finalized. Please contact Hunter Barnes,
Architectural Consultant, at (804) 225-2035 if you have any
questions with regard to site or facility program
accessibility issues.
RTL:cle